Illinois 96th Regular Session Status: Passed House

HB 5932 — CHILDREN GUARDIAN AD LITEM

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 96th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Bill of Rights for Children. Provides that if a petition is filed under the Juvenile Court Act of 1987 alleging that a minor is an abused, neglected, or dependent minor, the person filing the petition shall inform the minor, if capable of understanding, and his or her parents or custodian that the court will appoint a guardian ad litem to protect the minor's interests if the minor is alleged to be an abused or neglected child or is alleged to be the victim of a sex offense and that charges have been filed against a defendant in court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense. Provides that the person filing the petition shall inform the minor, if capable of understanding, and his or her parents or custodian, that the court may appoint a guardian ad litem if there may be a conflict of interest between the minor and his or her parents or other custodian or that it is in the minor's best interest that such guardian ad litem be appointed.

Bill Text

What changed in the latest version

15 added · 32 removed

Plain-language change summary

The recent amendment to HB 5932 introduces a new section that allows courts to appoint a guardian ad litem for minors under 18 years old who are victims or witnesses of violent crimes. This change is important because it ensures that the minor's interests are represented in court, especially if there is a conflict with their parent or guardian. This measure aims to provide better protection for vulnerable minors during legal proceedings, making sure their voices are heard and their well-being prioritized.

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*LRB09618377RLC33754b* HB5932 96TH GENERAL ASSEMBLY State of Illinois and 2010 HB5932 Introduced 2/10/2010, by Rep.
HB5932 Engrossed LRB096 18377 RLC 33754 b AN ACT concerning children.
Emily McAsey SYNOPSIS AS INTRODUCED:
ILCS 115/2 from Ch.
38, par.
1352 ILCS 115/3.5 new Amends the Bill of Rights for Children.
Provides that if a petition is filed under the Juvenile Court Act of 1987 alleging that a minor is an abused, neglected, or dependent minor, the person filing the petition shall inform the minor, if capable of understanding, and his or her parents or custodian that the court will appoint a guardian ad litem to protect the minor's interests if the minor is alleged to be an abused or neglected child or is alleged to be the victim of a sex offense and that charges have been filed against a defendant in court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense.
Provides that the person filing the petition shall inform the minor, if capable of understanding, and his or her parents or custodian, that the court may appoint a guardian ad litem if there may be a conflict of interest between the minor and his or her parents or other custodian or that it is in the minor's best interest that such guardian ad litem be appointed.
LRB096 18377 RLC 33754 b FISCAL NOTE ACT STATE MANDATES MAY APPLY ACT MAY REQUIRE REIMBURSEMENT A BILL FOR HB5932 LRB096 18377 RLC 33754 b AN ACT concerning children.
If a petition is filed under Article II of the Juvenile Court Act of 1987 alleging that a minor is an abused, neglected, or dependent minor, the person filing the petition shall inform the minor, if capable of understanding, and his or her parents or custodian that the court will appoint a guardian ad litem to protect the minor's interests if the minor is alleged to be an abused or neglected child or is HB5932 - 2 - LRB096 18377 RLC 33754 b alleged to be the victim of a sex offense and that charges have been filed against a defendant in court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense.
If a petition is filed under Article II of the Juvenile Court Act of 1987 alleging that a minor is an abused, neglected, or dependent minor, the person filing the petition shall inform the minor, if capable of understanding, and his or her parents or custodian that the court will appoint a guardian ad litem to protect the minor's interests if the minor is alleged to be an abused or neglected child or is HB5932 Engrossed - 2 - LRB096 18377 RLC 33754 b alleged to be the victim of a sex offense and that charges have been filed against a defendant in court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense.
Section 10.
The Rights of Crime Victims and Witnesses Act is amended by adding Section 6.5 as follows:
(725 ILCS 120/6.5 new) Sec.
6.5.
Minors under 18 years of age;
guardian ad litem.
In any case in which a minor under 18 years of age is the alleged victim or witness of a violent crime, the court may appoint a guardian ad litem for the minor if the court finds that there is a conflict between the minor and his or her parent, guardian, or other custodian or that it is otherwise in the minor's best interest that a guardian ad litem be appointed.
Unless the guardian ad litem is an attorney, the guardian shall be represented in the performance of his or her duties by counsel.
View plain text versions (2)

Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Placed on Calendar - Consideration Postponed

  4. Third Reading - Consideration Postponed

  5. Placed on Calendar Order of 3rd Reading - Short Debate

  6. House Floor Amendment No. 2 Adopted by Voice Vote

  7. House Floor Amendment No. 1 Adopted by Voice Vote

  8. Second Reading - Short Debate

  9. House Floor Amendment No. 2 Recommends Be Adopted Judiciary II - Criminal Law Committee; 007-000-000

  10. House Floor Amendment No. 1 Recommends Be Adopted Judiciary II - Criminal Law Committee; 007-000-000

  11. House Floor Amendment No. 2 Rules Refers to Judiciary II - Criminal Law Committee

  12. House Floor Amendment No. 1 Rules Refers to Judiciary II - Criminal Law Committee

  13. House Floor Amendment No. 2 Referred to Rules Committee

  14. House Floor Amendment No. 2 Filed with Clerk by Rep. Emily McAsey

  15. House Floor Amendment No. 1 Referred to Rules Committee

  16. House Floor Amendment No. 1 Filed with Clerk by Rep. Emily McAsey

  17. Placed on Calendar 2nd Reading - Short Debate

  18. Do Pass / Short Debate Judiciary II - Criminal Law Committee; 007-000-000

  19. Assigned to Judiciary II - Criminal Law Committee

  20. Referred to Rules Committee

  21. First Reading

  22. Filed with the Clerk by Rep. Emily McAsey

Sponsors

  • Emily McAsey · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Emily McAsey

Not signed on (182)

182 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

What does HB 5932 do?
Amends the Bill of Rights for Children. Provides that if a petition is filed under the Juvenile Court Act of 1987 alleging that a minor is an abused, neglected, or dependent minor, the person filing the petition shall inform the minor, if capable of understanding, and his or her parents or custodian that the court will appoint a guardian ad litem to protect the minor's interests if the minor is alleged to be an abused or neglected child or is alleged to be the victim of a sex offense and that charges have been filed against a defendant in court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense. Provides that the person filing the petition shall inform the minor, if capable of understanding, and his or her parents or custodian, that the court may appoint a guardian ad litem if there may be a conflict of interest between the minor and his or her parents or other custodian or that it is in the minor's best interest that such guardian ad litem be appointed.
Who sponsors HB 5932?
HB 5932 is sponsored by Emily McAsey.
What is the current status of HB 5932?
This bill died with 96th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 5932?
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Last checked for changes 3 months ago · updated continuously

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